5 What are the consequences of divorce/separation?
5.1. How is the property (rights in rem) divided?
- If the separation of property/participation in acquisitions system applies and the marriage is terminated, a spouse is entitled to participate in the augmentation of the property of the other spouse which has occurred since the marriage was entered into if he/she has contributed to this augmentation. The contribution is assumed to amount to one third of the augmentation, unless proven otherwise. The same applies in case of a separation of the spouses of more than three years. What a spouse has acquired by donation, bequest or inheritance is not considered to be part of the augmentation of his/her property (Art. 1400 HCC).
- If the community of property system was chosen, the divorce results in the dissolution of the property regime and, if common assets remain, the division of the common property. Unless there is agreement to the contrary, the division of the common property will be regulated in accordance with the provisions on termination of a community of rights and the distribution of assets held in common in line with Articles 795 et seq. HCC and the provisions of the Hellenic Code of Civil Procedure on the distribution of assets held in common. The common property is distributed either by contractual settlement or, in case of disagreement, by the courts (Art. 1414, 798-799 HCC). Each spouse is entitled to receive one half of the common property. This claim for division cannot prescribe.
5.2. Who is liable for existing debts after the divorce/separation?
- Under the separation of property/participation in acquisitions system, the debtor spouse remains responsible for existing debts after the divorce. He/She is liable for those debts with his/her personal assets.
- Also under the community of property system, the debtor spouse remains responsible for existing debts after the divorce. However, in the case of debts incurred by the debtor spouse during the marriage which relate to the management of the common property and to the family's needs, the rights in rem of creditors over the common assets are not affected by the distribution of the common property which follows the termination of the community of property system (Art. 803 HCC).
5.3. Does one spouse have a claim to an equalisation payment?
There is no mandatory claim for an equalisation payment. However, there is the possibility to make such a claim using the provisions on unjustified enrichment.
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Couples in Greece
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